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Publication date: 16.01.2025
Lawyer with 15 years of legal experience, specialization: family and civil law, inheritance, contract law, criminal cases, administrative cases, cases involving foreigners, migration law
In Ukraine, the issue of mobilization remains relevant, especially in the context of wartime. According to Ukrainian legislation, there are various grounds for obtaining a deferral from mobilization, including under Article 23 of the Law of Ukraine “On Mobilization Preparation and Mobilization.” In this article, we will discuss the legal aspects of obtaining a deferral, provide advice on seeking legal assistance, and highlight important points to consider when submitting an application.
Legal Grounds for Deferral from Mobilization
A deferral from mobilization is a temporary exemption from conscription, granted upon the existence of certain grounds. Article 23 of the Law of Ukraine “On Mobilization Preparation and Mobilization” defines that a deferral can be granted to:
- citizens who are the sole breadwinners for children or individuals with disabilities;
- individuals who have a valid reason to continue fulfilling official or professional duties (for example, possessing a strategically important profession);
- individuals who are undergoing treatment or have serious health issues.
These categories of individuals can apply to local authorities with a request for a deferral. However, each case is individual, and legal consultation at the document collection and application submission stage is crucial to properly prepare all necessary materials.
Grounds for Receiving a Deferral
To obtain a deferral, it is necessary to provide documents that confirm the relevant grounds. These may include:
- medical certificates or doctors' conclusions confirming the health condition;
- documents proving the existence of children or dependents;
- documents confirming the importance of professional activity.
Legal assistance in these cases is crucial to ensure the correct preparation of all documents and avoid refusal of the deferral.
Who Can Receive a Deferral?
According to the legislation, a deferral from mobilization is granted to the following categories of individuals:
- Individuals with minor children or dependents, such as parents or individuals with disabilities.
- Individuals who are the sole breadwinners in their family, on whom the well-being of other family members depends.
- Individuals engaged in crucial professional activities, which are vital for national security or defense.
Thus, the law provides flexibility in granting a deferral. For example, if you are undergoing treatment or are the sole breadwinner for minor children, you may receive a deferral, even if your profession is not critically important to the state.
Application Process for Deferral
The application for a deferral from mobilization must be submitted to local authorities. The general procedure is as follows:
- Submission of an application with documents confirming the grounds for the deferral.
- An extract from the military registration documents.
- Issuance of medical certificates or other supporting documents.
For submitting an application to local authorities, it is also necessary to seek legal advice to ensure the proper preparation of the documents.
Questions — Answers
Question
Can I receive a deferral from mobilization if I am temporarily unemployed at the time of my summons?
Answer
A deferral may be granted if there are other valid grounds, such as the presence of children, individuals with disabilities, or serious health issues. If you are undergoing treatment or in another critical situation requiring your presence in a certain field, a deferral can also be granted. To do this, you must have the relevant supporting documents.
Question
How should I submit documents for obtaining a deferral?
Answer
The submission of documents must be thoroughly prepared. It is important to provide all necessary documents confirming your grounds for obtaining a deferral. These may include medical certificates, proof of family obligations, or documents related to professional activities. Consulting with a lawyer will help you correctly prepare and submit the documents to local authorities.
Question
If I am denied a deferral, is it possible to appeal this decision?
Answer
Yes, if you are denied a deferral, you have the right to appeal the decision. You can file an appeal or go to court. It is important to have all the necessary documents that confirm your grounds for obtaining the deferral and to prepare a sound argument for contesting the decision.
Legal Assistance in Obtaining a Deferral
Legal assistance in the process of obtaining a deferral from mobilization is crucial, as difficulties can arise at every stage. Key stages requiring support include:
Consultation and document analysis to confirm your grounds for the deferral.
Legal assistance during the application submission to relevant authorities.
Support during the appeal process if the deferral is denied.
A lawyer with experience in mobilization law will help you properly prepare all the documents and safeguard your rights if difficulties arise during the deferral process.
Contact the Lawyers at Consultant.net.ua
If you are looking for qualified legal assistance to obtain a deferral from mobilization, the team of lawyers at Consultant.net.ua is ready to provide support. Our experienced specialists will help you correctly prepare all the necessary documents, draft the application, and guide you through each stage of the process. Trust professionals with experience in mobilization law who can effectively solve your problem. In addition, our lawyers will advise you in the following matters:
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Obtaining a deferral from mobilization under Article 23 is a complex and responsible process that requires compliance with all legal requirements. Having qualified legal assistance at each stage will help ensure proper document preparation and avoid potential problems with government authorities. Careful adherence to legal requirements and a professional approach will help you successfully complete the deferral process.
